Jordan v. Philadelphia

Citations

• 29 Pa. Super. 502
• 1905 Pa. Super. LEXIS 365

Syllabus

<p>Negligence — Municipalities—Defect in sidewalk — Question for jury.</p> <p>In an action by a woman against a city to recover damages for personal injuries sustained by a faE on a sidewalk, the evidence showed that the plaintiff, although having some knowledge of the condition of the sidewalk ^at the place where she was injured, had not frequently passed in that direction. On the evening of the accident, accompanied by some children, she passed over the sidewalk safely, and noticed nothing unusual. On her return after dark, the street being dimly lighted, she trod upon a brick which turned under-her weight and fell backward and dislocated or fractured the lower-vertebra of the spine. A neighbor testified that the sidewalk was in bad condition of which the police had been frequently notified, and that the witness herself on a number of occasions arranged the bricks, in the sidewalk, so as to make the passage thereon safe, but that-the boys in the neighborhood carried the bricks away. There was also testimony that there was water in the street at the time of the accident. Held, that the case was for the jury, and that a judgment and verdict for plaintiff should be sustained.</p>